EFFECTIVE DATE: October 1st 2008
Please read these Terms of Use prior to using the
Electrofunk website ("website"), any of the services
offered on this website or any of the other services
offered by Electrofunk (including, without limitation,
the Electrofunk Records®,,Electrofunk Studios, and
Submerge Recordings, collectively, the "Services").
By using the Services, you agree to be bound by these
Terms of Use, as well as any other law that applies to
the Services or the Internet. Electrofunk reserves the
right, in its sole discretion, to change, modify, add or
remove portions of these Terms of Use at any time by
updating this posting. You are responsible for reviewing
these Terms of Usefrom time to time, and will be deemed
to have accepted any changes posted should you use the
Services after the posting of such changes.
Ownership of Intellectual Property.
SUBMERGERECORDINGS.COM, DETROITDIGITALVINYL.COM. and ELECTROFUNK.COM
are federally registered trademarks of Electrofunk Records Incorporated.
Happens are trademarks of Electrofunk. All other trademarks, service marks
or logos used in the Services are the trademarks, service marks or logos
of their respective owners.
Except as otherwise expressly permitted herein, access to the Services
does not grant you the right to reproduce, copy, modify, use or
distribute by any means, method or process whatsoever, now known or
hereafter developed, any of the content and material located on
or transmitted through the Services (including, without limitation,
musical compositions, sound or video recordings, text, images,
designs, graphic material and all other copyrightable elements,
and the selection and arrangement thereof, collectively, "Content"
including, without limitation, transferring or downloading any
Content to a computer hard drive,or otherwise copying any Content
onto any other storage medium. In addition, access
to the Services does not grant to you the right to perform publicly,
by any means, method or process whatsoever, now known or hereafter
developed, any of the Content transmitted by Electrofunk through
the Services including, without limitation, any transmission,
retransmission or further transmission of any Content transmitted
via the Services. Except as otherwise expressly granted herein,
nothing contained herein shall be construed as conferring by
implication, estoppel or otherwise any license or right under
any intellectual property right of Electrofunk or any third party.
Submissions and Standards of Conduct anything you submit, transmit
or post to Electrofunk (each, a "Submission") becomes the property
of, and shall not be returned by, Electrofunk. By making a Submission,
you agree that Electrofunk will, in its sole discretion, have the right,
but not the obligation, to use and change the Submission in any manner
that Electrofunk may determine including, without limitation, the right
to edit, display, copy, remove, distribute, transmit, create derivative
works from, license others to use, and publish such Submission in any form
and via any medium now known or hereafter developed, and whether alone or
part of a collective work, in perpetuity. Notwithstanding the foregoing,
if any Submission is a sound recording, Electrofunk shall have (i) the right,
but not the obligation, to transmit, broadcast and publicly perform such sound
recording via any medium now known or hereafter developed (including the right
to make copies to enable the foregoing) in perpetuity, (ii) no obligation to
return any copy of such sound recording and (iii) no ownership rights in the
master recording of such sound recording unless otherwise agreed by you in
writing. Furthermore, you agree that Electrofunk is free to use any ideas,
concepts, know-how or techniques contained in any communication you send to
it for any purpose whatsoever. By making a Submission, you represent and
warrant that you have all necessary rights in such Submission and all
information contained therein and that such Submission does not contain
libelous, tortious, or otherwise unlawful information which may infringe
upon any right of any third party. If your Submission incorporates the
name, voice, likeness or image of any individual, you represent and warrant
that you have the right to grant Electrofunk permission to use such name,
voice, likeness and/or image of such individual appearing in the Submission
in all media now known or hereafter developed throughout the world in perpetuity.
Furthermore, by using the Services you agree not to:
• Use the Services to disseminate content intended to harass, abuse,
threaten or impersonate any other individual or entity, or disseminate
obscene, defamatory, indecent, harmful, libelous, unlawful and/or other
objectionable material/information.
• Use the Services for commercial purposes including, without limitation,
for the advertising or offering of goods or services.
• Send duplicative messages in connection with giveaways, contests
or surveys.
• Transmit or upload programs or material that contain viruses, timebombs,
cancelbots, worms, trojan horses or other harmful or deleterious programs.
• Transmit or upload any material that contains software or other material
that is protected by intellectual property laws, confidentiality obligations
and/or would infringe upon rights of privacy or publicity of a third party
unless you own or control the rights thereto or have received a license,
permission and/or consent thereto.
• Try to gain unauthorized access to the Services, other users information or
computers/hardware connected to the Services through any means.
• Violate any applicable laws or regulations including, without limitation,
laws regarding the transmission of technical data or software exported from
the United States.
• Interfere with another users use and enjoyment of the Services.
Electrofunk reserves the right, in its sole discretion, to refuse
to post, edit or delete messages or any Submissions, as well as
revoke the privileges of users who do not comply with these Terms
of Use or block specific IP addresses and, if applicable, delete
users password and username. You are responsible for maintaining the
confidentiality of your passwords and for all activities which occur
under your account. In no event shall Electrofunk assume or have any
responsibility or liability for any Submissions (including, without
limitation, for failure to monitor or edit messages or Submissions sent
over the Services and for any threatening, libelous, obscene, harassing or
offensive material contained therein) or for any claims, damages or losses
resulting from their use, appearance and/or non-appearance, in whole or in part,
on the Services. Electrofunk does not endorse the content of users communications.
If you believe that any information provided on the Services violates
these Terms of Use, or otherwise infringes upon the rights of any third party,
please contact us using the form on this website.
Content
Electrofunk reserves the right, in its sole discretion, to change, modify,
add or remove any materials (including Content) contained in the Services.
Electrofunk shall not be liable to you or any other party for any such
changes, modifications, additions or removals.
Advertising and Third Parties
You may from time to time enter into correspondence with or
participate in the promotions of advertisers and other third
parties through the Services. All such correspondence
including, without limitation, any resulting contractual
agreements, are solely between you and the advertiser/third
party and, as such,Electrofunk shall not be responsible for
upholding any applicable terms, conditions, representations or
warranties made by you or the advertiser/third party in connection
therewith and shall otherwise have no liability associated with your
interaction with such advertiser/third party. Hyperlinks to
Third Party Sites Additionally, Electrofunk is not responsible
and assumes no legal responsibility for the accuracy, content, c
opyright compliance, legality, decency or availability of
information or other material found on websites that link to or
from this website, and you hereby irrevocably waive any claim
against us with respect to such websites.
Disclaimer of Warranty
The Services run on software, hardware and networks, any component
of which may require maintenance or experience problems functioning
from time to time. CONSEQUENTLY, THE SERVICES AND THE CONTENT ARE PROVIDED
"AS IS" AND "AS AVAILABLE" AND TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, Electrofunk DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY. Electrofunk does not w
arrant or make any representations that the functions contained in t
he Content will be uninterrupted or error free, that defects will be
corrected or that this website or the server that makes it available
are free of viruses or other harmful components. Electrofunk does not
warrant or make any representations regarding the use or the results
of the Content in terms of its correctness, accuracy, reliability or
otherwise. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless, Electrofunk, its
parents, affiliates, subsidiaries and their respective officers,
directors, employees, agents, licensors, representatives and third party
providers to the Services from and against any and all losses, expenses,
damages and costs, including reasonable attorneys fees, resulting from
any violation of this Agreement by you (including, without limitation,
any breach or alleged breach of any of your representations, warranties
or undertakings hereunder). Electrofunk reserves the right to assume,
at its sole expense, the exclusive defense and control of any matter
subject to indemnification by you, in which event you will fully
cooperate with Electrofunk in asserting any available defenses.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Electrofunk, ITS GENERAL PARTNERS,
PARENTS, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES
AND THIRD PARTY PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY
OTHER PARTY FOR ANY MONEY DAMAGES OR ANY OTHER LIABILITY RISING
OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING
WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE.
Applicable law may not allow the limitation or exclusion of
liability for incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Governing Law
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Michigan, without
giving effect to any principles of conflicts of law. By using
the Services you agree that any action at law or in equity
arising out of or relating to these Terms of Use shall be
filed only in the state or federal courts located in the
Eastern District of Pennsylvania and you hereby consent
and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action.
Miscellaneous Provisions
Use of the Services is unauthorized in any jurisdiction
that does not give effect to all provisions of these
Terms of Use. You agree that no joint venture, partnership,
employment or agency relationship exists between you and
Electrofunk (and its affiliates) as a result of these Terms
of Use or use of the Services. Electrofunks performance of these
Terms of Use is subject to existing laws and legal process,
and nothing contained in these Terms of Use is in derogation
of Electrofunks right to comply with governmental, court and
law enforcement requests or requirements relating to your use
of the Services or information provided to or gathered by
Electrofunk with respect to such use. If any part of these
Terms of Use is determined to be invalid or unenforceable,
then the invalid or unenforceable provision will be deemed
superceded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder
of these Terms of Use shall continue in effect. These Terms of
Use constitute the entire agreement between you, the end-user,
and Electrofunk with respect to the Services and it supercedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and Electrofunk
with respect to the Services. Any rights not expressly granted
herein are reserved.
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